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HomeMy WebLinkAboutDecember 27, 1993OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING DECEMBER 27, 1993 The Council Meeting was called to order at '7:00 p.m. by Mayor Murzyn. 1. ROLL CALL Nawrocki, Clerkin, Ruettimann, Peterson, Murzyn - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were addressed by the Council on the Consent Agenda: Authorization to Obtain Quotes for T-Shirts, Baseball Caps and Athletic Eqpipment The Council authorized staff to obtain quotes for t-shirts, baseball caps and athletic equipment for the recreation program. Establish Public Hearinq for ]994 Community Development Block Grant Proqram The Council established January 24, ]994, at approximately 7:15 p.m. as the date and time for the public hearing in regard to the City Application for Fiscal Year 1994 funding through the Anoka County Community Development Block Grant (CDBG) Program. Payment of Bills The Council approved the payment of bills as listed out of proper funds. APPROVAL OF CONSENT AGENDA Motion by Nawrocki, second by. C]erkin to approve the Consent Agenda as presented. Roll call: All ayes 4. APPROVAL OF MINUTES OF PREVIOUS MEETINGS Motion by Nawrocki, second by Clerkin to approve the minutes of the December 8, 1993 Special Council Meeting which include the comments given by Councilmember Nawrocki to the Council Secretary. Councilmember Nawrocki reviewed the changes he had requested be made to the minutes. Roll call: All ayes Motion by Nawrocki, second by Clerkin to approve the minutes of the December 13, 1993 Regular Council Meeting as presented. Roll call: All ayes REGULAR COUNCIL MEETING DECEMBER 27, 1993 PAGE 2 PRESENTATIONS/OPEN MIKE Presentations Mayor Murzyn presented a plaque to Councilmember C]erkin in recognition for his four years of service as a Councilmember. Councilmember Nawrocki presented a plaque to Mayor Murzyn for his two years of service as Mayor. Open Mike Keith Roberts, Chairperson of SHINE, advised that the neighborhood group has adopted its mission statement and boundaries. He presented a plaque to Mayor Murzyn which expressed the group's appreciation for his support and leadership. Councilmember Nawrocki inquired if the by-laws for SHINE have been adopted yet. Roberts responded they are presently being worked on. It was also noted that the boundaries are different than those established by the City. Roberts noted the group had been advised that the grid system of the City was not necessarily the boundaries required by the SHINE group. Councilmember Nawrocki felt some kind of system must be followed so groups don't over]ap in their boundaries. He also stated he favors a more open kind of membership. Harold Hoium inquired as to the location of Southwest Park. He also inquired why the City Attorney was not present for some court appearances. Houim stated that on December 9th it appeared that the Hilltop City Attorney was representing Columbia Heights' cases. Councilmember Nawrocki requested staff to follow up on this matter. Hoium also had comments regarding a lot on Van Buren which Councilmember Nawrocki advised was not buildable. Hoium made additional comments regarding meetings before the regular council meetings, post office trucks, regular reports from the City Manager and the City Attorney and the public address system in the Council Chambers. Mark Winson, Public Works Director, introduced Lauren McC]anahan, who recently was appointed to the position of Public Works Superintendent. 6. PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS REGULAR COUNCIL MEETING DECEMBER 27, 1993 PAGE 3 a. Resolution Orderinq and Levying Midblock Light Improvement The Public Works Director reviewed the proposal which is for a midblock light between Tyler and Polk Streets from 37th to 39th Avenues. The light is to be installed on an existing pole in the alleyway. Councilmember Nawrocki questioned the po]icy of charging administrative fees on this project and the proposed assessment for an irregular shaped lot which appears to be quite high. The City Manager responded that staff had understood there was to be no administrative charges on the recently-approved sealcoat project. It had not been understood t~is was to be an on-going policy but was to receive further discussion. Councilmember Nawrocki recognized that the petition submitted to the Council represented the majority of the affected property owners. He still had a concern regarding the assessment po]icy for irregularly shaped lots. The City Manager advised that the Assessment Clerk ?~ad determined the assessment based on a reasonable interpretation of the po]icy and usage of the alley. The residents at 3842 and 3838 Polk Street expressed their opposition to this project.. Councilmember Nawrocki inquired if there was any urgency in handling this matter at this meeting. The Public Works Director responded there was no urgency and that the light had not been instal]ed. Motion by Nawrocki, second by Ruettimann, based on majority support for the project, the project be authorized but the assessment for same be the subject of a new public hearing after the work is complete. Roll call: All ayes b. Resolution No. 93-68; Being a Resolution Granting Final Approval to Consolidation of Columbia Heights Fire RelieC Association into PERA Police and Fire Plan The City Manager reviewed the resolution and responded to the inquiries made by Counci]member Nawrocki at a recent Council work session. REGULAR COUNCIL MEETING DECEMBER 27, 1993 PAGE 4 Motion by Murzyn, second by Ruettimann to waive the reading of the resolution there being ample copies available for the public. Roil ca]]: Ail ayes RESOLUTION NO. 93-68 APPROVING THE CONSOLIDATION OF THE COLUMBIA HEIGHTS FIRE RELIEF ASSOCIATION INTO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE WHEREAS, members of the Columbia Heights Fire Relief Association (the Association) desires to have the membership of the Association consolidate with the Public Employees Retirement Association (P.E.R.A.), and, WHEREAS, pursuant to Resolution No. 93-16, the City of Columbia Heights (the City) supported the initiation of a consolidation process into P.E.R.A., and, WHEREAS, P.E.R.A. has provided notification to the City that the Columbia Heights Fire Relief Association has satisfied all preliminary actions for consolidation under Mihnesota Statutes, Chapter 353.A, and, WHEREAS, effective December 8, 1993, the City received notification from P.E.R.A. that it has thirty days to take final action on the question of consolidation. NOW, THEREFORE, BE IT RESOLVED: i. That the City of Columbia Heights approves the final consolidation of the Columbia Heights Fire Relief Association into the Public Employees Retirement Association Police and Fire Plan. 2. That the City Manager on behalf of the City is hereby directed to meet with representatives of P.E.R.A. and the Association to finalize the details needed to effect the transfer of the administration of the Relief Association into P.E.R.A. 3. That the effective date of the consolidation shall be no later than December 31, 1993, or such other date as approved by the Public Employees Retirement Association. Passed this 27th day of December, 1993. REGULAR COUNCIL MEETING DECEMBER 27, 1993 PAGE 5 Offered by: Seconded by: Roll call: Murzyn Ruettimann All ayes Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary c. Second Readinq of Ordinance No. 1281, Being an Ordinance Amending Ordinance No. 853, City Code of 1977, as Amended Pertaining to the Mousing Maintenance Code and Licensing Rental Units There had been a suggestion that the second reading of this ordinance be tabled. Councilmember Nawrocki felt it should not be tab]ed in deference to all the people who were in attendance to discuss it. The City Manager reviewed the changes in the amended ordinance. He noted that city staff is preparing a handbook on the ordinance for landlords. Me also recommended that the ordinance be tabled until January 24th so staff has time to meet with landlords. Mayor Murzyn inquired if the City Manager feels there will be enough staff to perform inspections between renters. The City Manager responded the Fire Department feels it has the capacity to do this and is planning two shifts for inspections after the first of the year. Councilmember Nawrocki felt the section on license revocation needs clarification, particularly when one unit in a mu]ti- unit building is in violation. Me also felt there appears to be an inconsistency between the Planning and Zoning Commission and this ordina,nce regarding parking spaces. Bob Timmisch, Acting President of the Columbia Heights Multiple Housing Association, advised the Council that members of the Association knew nothing of this ordinance until today. He noted that some members had serious reservations regarding some changes in the ordinance. It is the consensus of the membership that no action should be taken on the ordinance until landlords and staff have met. Councilmember Nawrocki felt it was the responsibility of landlords to keep up with what is going on in the City via the City's two newspapers and other avenue¢. He also mentioned that the process which addresses return of damage deposits, REGULAR COUNCIL MEETING DECEMBER 27, ]993 PAGE 6 housing deficiencies, etc. is not a process which is working. Councilmember Ruettimann felt the second reading of the ordinance should be tabled until a work session can be held with landlords and the City Council. Mr. Timmisch stated members of the Association would we]come an opportunity to meet with the Council. A representative delegation will attend. City Manager Hentges advised that staff currently meets with three groups of landlords. The next scheduled meeting is January ]8th at 7:00 p.m. Motion by Ruettimann, second by Murzyn to table the second reading until January 24, 1994. Doug Jones, who owns rent. a] property at 5100 Sixth Street and 46]5 Tyler Street, felt staff and the City Council should have advised landlords of this ordinance. There are many actively involved ]andlords. Councilmember Nawrocki noted he had never heard of the landlord association before this meeting. Doug Jones suggested that a building official explain some of the terminology in the ordinance. He felt being ]eft out of the process of drafting the ordinance was an error. He also felt the relationship between the City and landlords need not be an adversarial relationship. Comments were also made regarding their properties by the owners of two buildings on 46th Avenue and Fillmore Street and a building at 980 44th Avenue. The owner of the building at ]035 Peters Place recalled that originally an inspection was to be done on a complaint only basis, The City Manager noted this applied to an owner-occupied building only. He did advise that in these situations usually the entire block is given an exterior inspection. Discussion continued regarding inspections done each time an apartment is vacated. The owner of the building at 3923 Lookout Place and the owner of the three units at 38th and Stinson Boulevard stated their opinions on this matter. The owner of the apartment building at 529 Mill Street stated his concerns with applications for renewing a license. REGULAR COUNCIL MEETING DECEMBER 27, ]993 PAGE 7 He felt requesting this information each year should not be necessary if there have been no changes. He had sent a letter' some time in the past suggesting how to set up a data base to address this information gathering. Roll call: All ayes d. Resolution Changing Name of Southwest Park Counci]member Nawrocki inquired if this matter had been brought before the Park and Recreation Commission for its consideration. He also felt it should be discussed at a neighborhood meeting for comment. The request was made to the Mayor and City Manager by the Sister City Committee. A representative of the Committee stated she had been led to believe all that was necessary to change the name had been done. Motion by Nawrocki, second by Ruettimann to refer this matter to the Park and Recreation Commission and to hold an informal meeting with area neighbors for comments. Roil call: All ayes COMMUNICATIONS a. Notification on IEO Ratinq Protection Class iSO Commercial Risk Services, Inc. surveyed the City's water system and the Fire Department. As of March 1, ]994, the City's rating will change to Class 4. A memo from the Fire Chief explained the affect this change will have on City properties. No council action was required. b. City Manager's Evaluation Councilmember Nawrocki prepared a statement addresssing the City Manager's performance evaluation after six and twelve months of employment specifically regarding compensation adjustments. The statement is as follows and was read by Mayor Murzyn: Resolution No. 93-11 setting forth conditions of employment for Patrick Hentges as City Manager, called for performance evaluations after six and twelve months of employment, with consideration of possible compensation adjustments. The City Council and Manager did perform the six month's evaluation at a work session on Monday, December 20th, as an item of business on the agenda, as per the posted notice for the work session. REGULAR COUNCIL MEETING DECEMBER 27, ]993 PAGE 8 o The review discussed various aspects of the C~ty Manager's performance. While no formal actions were taken, genera] comments of the Counci]members were that the City Manager has performed well for his first six months with the City, particularly considering the heavy workload he faced. No compensation adjustments were considered, and it is expected that such considerations will be part of the first year performance review for the City Manager. OLD BUSINESS a. City Attorney's Opinion on Charter Chanqe The City Manager is waiting for the explaination on the reversal of his regarding a proposed charter change. City Attorney's original position o NEW BUSINESS Authorization to Seek Bids for LaBe]le Pond Pestoration Motion by Nawrocki, second by Clerkin to authorize staff to s_e~. bids for the LaBe]]e Pond Restoration Project #9312. Rol] ca] ]: A] 1 ayes b. Final Payment for Munic]pa_]__p_r_oject #9300 (]993 M_~ ~._c,_e [ ~ _aD.e q~.2 s__C o_n_c r e t _e. )_ Counc~]member Nawrocki noted that there was question whether the recoil]ended source of funding had enough remaining funds to make this payment. Re suggested additional language for the motion. Motion by Murzyn, second by Peterson to accept the work for Municipal Project #9300 (1993 Miscellaneous Concrete) and to authorize final payment of $6,075.25 to Advanced Concrete, Inc. of Burnsville, Mn. from Fund 401-59300-5300 subject to said fund having the money to make the payment. Roll call: All ayes c. Close Out of Special Accountinq Funds Councilmember Nawrocki felt. that some of these funds being closed out should have been part of the budgeting process. He specifically identified the funds which should have been transferred .as the Clean-Up Fund, Senior Rousing Fund, and Capital Improvement Fund. ~EGULAR COUNCIL MEETING DECEMBER 27, 1993 PAGE 9 Motion by Nawrocki, second by Ruettimann to close out Fund 302, PIP Debt Service and Fund 413, Huset Park Hazardous Waste Cleanup, and to transfer the remaining balance to General Fund Unal]ocated Fund Balance, and to table further consideration of the transfer of Fund 404, Senior Housing Project, for additional information. Roll call: All ayes d. Execution of Mutual Aid AGreement Councilmember Nawrocki advised that the City's Fire Department is reviewing Hea]thspan's response costs to 9-i-1 calls. He also has a report from Bloomington regarding this matter. Motion by Peterson, second by Ruettimann to authorize /be Mayor and City Manager to execute the Mutual Aid and Back Up Coverage Agreement between Columbia Heights Fire Department and Healthspan Transportation Services. Roll ca]]: All ayes e. Solid Waste TiptL~g Fee Reduction Anoka County made an adjustment to the tipping fees for sol'id waste haulers. The City Manager requested this be an agenda item for a Council work session. He noted that the City's hauler had indicated an intent to pass the decrease on to patrons in the City. Councilmember Nawrocki felt the fee structure information and its potential impact on Columbia Heights should have been given to the Council on a more timely basis. He also felt the patrons may not necessarily see a decrease in fees nor a refund. REPORTS a. Report of the City ManaGer The City Manager' report was submitted in written form and the following items were discussed: Council Work Sessions: The City Manager is requesting the following dates and times be established for Council work sessions: January 3rd at 8:00 p.m.; January 18th at 7:00 p.m.; January 25th at 7:00 p.m. and February 7th at 8:00 p.m.; and January 31st for a Sheffield ~edevelopment Plan Hearing. Motion by Nawrocki, second by Ruettimann to establish the dates as requested by the City Manager for Council work sessions and at the times so indicated. Roll call: All ayes REGULAR COUNCIL MEETING DECEMBER 27, ]993 PAGE 10 b. Report of the City Attorney The City Attorney had nothing to report at this time. 11. LICENSE APPLICATIONS The City Manager explained how provisional licensing and the staggered issuance of licenses function. He noted that inspections are conducted about sixty days before license issuance. Councilmember Nawrocki felt that the apartment building at 3932 Central Avenue does not meet all code requirements. He strongly objected to this license being approved. The City Manager agreed that some of the units in the building may not meet all code requirements. Some of these units have not been inspected at this point in time. Motion by Nawrocki, second by Clerkin to approve the license applications as listed upon payment of proper fees with the excepton of the multiple dwelling license for 3932 Central Avenue for ]993, and that the taxi cab driver's licenses for Randy Eric Ziemann and Chester P. Radajewski be denied based on the recommendation of the Po]ice Department. Roll call: ayes ADJOURNMENT Motion by Ruettimann, second by Nawrocki meeting at 10:50 p.m. Roll call: All ayes to adjourn the Mayor Donald J. Murzyn, Jr. Jo-Anne Student, Council Secretary